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Justice
Walter Onnoghen
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President Muhammadu
Buhari swore in Walter Onnoghen, a Supreme Court judge, as the Chief Justice of
Nigeria (CJN), at a brief ceremony in the presidential villa on Thursday.
Media
report continues:
The
uncertainty surrounding succession to the office of the Chief Justice of
Nigeria (CJN) has persisted even as the Presidency said Wednesday that an
acting CJN would be sworn in today by President Muhammadu Buhari.
The
president’s failure to appoint a replacement for Justice Mahmud Mohammed, whose
tenure lapsed 12 midnight Wednesday, had threatened to create a leadership
vacuum in the judiciary.
But
the Senior Special Assistant to the President on Media and Publicity, Malam
Shehu Garba, said Wednesday that there was no prospect for confusion as the
president would inaugurate an acting CJN later today.
“An
acting CJN will be sworn in by President Muhammadu Buhari at 2.00 pm Thursday,”
he stated in a text message, adding that he had no information about who would
be appointed into the office.
“The
Attorney-General of the Federation will present the person to the president
tomorrow for swearing-in,” he said.
A
reliable source, however, said Wednesday that the most senior justice of the
Supreme Court, Justice Walter Onnoghen, might be the choice of the president in
line with Section 230 (4) of the 1999 Constitution as amended, which provides:
“If the office of the Chief Justice of Nigeria is vacant or if the person
holding the office is for any reason unable to perform the functions of the
office, then until a person has been appointed to and has assumed the functions
of that office, or until the person holding the office has resumed those
functions, the president shall appoint the most senior justice of the Supreme Court
to perform those functions.”
By
virtue of Section 231 of the 1999 Constitution as amended, it is the
prerogative of the president to appoint a CJN.
Section
231 (1) explicitly provides: “The appointment of a person to the office of
Chief Justice of Nigeria shall be made by the President on the recommendation
of the National Judicial Council subject to confirmation of such appointment by
the Senate.”
At
its emergency meeting held on 11 October, 2016, the National Judicial Council
(NJC) recommended Justice Onnoghen, being the most senior justice of the
Supreme Court, for consideration for appointment as CJN.
But
the process of appointment was stalemated by the failure of the president to
indicate his acceptance of the NJC recommendation by forwarding its nominee to
the Senate for confirmation.
Although
in law, the president is not bound to accept the NJC recommendation, he could
also not bypass the council in making the appointment.
If
for any reason, the president does not accept the NJC recommendation, he is at
liberty to ask the Council to recommend to him another suitable candidate for
the office.
Senior
lawyers said yesterday that unless the president exercised his powers under
Section 230 (4) of the Constitution, there might be a leadership vacuum that
could precipitate a constitutional crisis in the third arm of government.
The
lawyers argued that except the president activated this section of the
Constitution, the most senior justice of the Supreme Court could not
automatically assume the leadership of the judiciary.
By
swearing in someone in an acting capacity today, the president would have
activated this proviso even as he leaves in abeyance the process of appointing
a substantive chief justice of the federation.
Last
Monday, a Senior Advocate of Nigeria, Chief Sebastian Hon, called on the
president to act with dispatch and ensure that the name of the next CJN was
forwarded to the Senate for clearance.
Hon,
in a statement, said it was scary that the name of the next CJN had not been
sent to the Senate with less than a week before the incumbent, Justice
Mohammed, would retire.
He
said: “The tenure of office of the incumbent Chief Justice of Nigeria, Mahmud
Mohammed, will expire at 12 midnight on 9th November, 2016.
“The
name of Hon. Justice Walter Onnoghen, the next most Senior Justice of the
Supreme Court, has since October 10, 2016, been forwarded to the president, who
is expected, constitutionally, to forward it to the Senate for confirmation.
“Till
this moment, Mr. President has not forwarded Justice Onnoghen’s name to the
Senate for confirmation. This is scary, to say the least.
“Senate
confirmation hearings are not jamborees but are grave constitutional exercises,
requiring incisive investigative and at times confrontational posturing. In
other words, the Senate needs to obtain the biodata of the CJN nominee ahead of
time, to enable the upper legislative chambers to conduct a thorough
investigation cum confirmation exercise.
“The
time to act is now, as the Senate must confirm Justice Onnoghen latest on
Tuesday, to further enable his swearing-in just before or just after Justice
Mahmud bows out.
“The
image of the Judiciary has nosedived in the recent times; and Mr. President must
be seen to be preventing any further dent on the image of this crucial arm of
government.
“Mr.
President should once again act as the father of the nation, by forwarding
Justice Onnoghen’s name for confirmation – since he is the only southerner
entitled to occupy the seat of the CJN for close to 30 years.
“This
gesture will go a very long way in cementing our sectional divides. Again, the
time to act is now!”
Justice
Onnoghen was born on December 22, 1950 at Okurike town, Biase local government
area of Cross Rivers state.
After
obtaining a law degree from the University of Legon, Ghana, he started his
career as pupil state counsel at the ministry of justice, Lagos in 1978.
He
practiced law for several years before he joined the bench.
He
became a high court judge in Cross Rivers in 1989, and later chairman, Cross
Rivers state Armed Robbery and Fire Arms Tribunal from 1990 to 1993.
He
was a judge in the high court of Rivers state from 1992 to 2004, and justice of
the court of appeal from 1998 to 2005 – when he was elevated to the Supreme
Court.
He takes over from Mahmud
Mohammed who retired as CJN after clocking 70 years.
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